Traumatic brain injury (TBI) decisions — 2017

The Board has denied the Veteran's claims for service connection for various disabilities, finding that there is no evidence of current diagnoses or in-service incurrence or aggravation.,Service connection cannot be established as the Veteran did not provide any treatment records indicating he currently suffers from these conditions.

The Board has determined that there is not sufficient evidence to establish a current diagnosis of TBI residuals or chronic headaches, and thus service connection for these conditions cannot be granted. However, the Veteran's reported symptoms of memory loss and headaches are found to have onset during active service.

The Board finds that the Veteran does not have any current disability due to his claimed right ankle disability, left foot frostbite, or bilateral wrist burns which could be attributed to active service or any incident of service. Therefore, the claims for these conditions are denied.

The Board found no clear and unmistakable error in the March 1973 rating decision that granted service connection for anxiety reaction, chronic with depression, conversion, and headaches. The January 2001 rating decision which changed the diagnostic code to PTSD under Diagnostic Code 9411 did not include a reference to headaches or assign a separate rating for them.

The Board has remanded the case for further development, including a new VA examination to determine the nature and likely etiology of the Veteran's claimed hand disabilities. The examiner should address whether any diagnosed symptoms in either hand are manifestations of his service-connected diabetic neuropathy and if they had their onset in service or are causally related to service.

The Veteran's bilateral hearing loss is not service-connected.,Left-sided facial numbness had its onset during service and is considered service-connected.

The Veteran's initial claims for TBI and major depressive disorder were denied prior to the effective dates of April 29, 2010 and January 14, 2008 respectively.,The Veteran is currently assigned a 50% disability rating for his major depressive disorder. He contends that he should be entitled to an initial higher disability rating prior to August 3, 2011.

The Board has determined that the Veteran does not have current TBI residuals and therefore, service connection for TBI residuals is denied.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, a left shoulder disorder, and residuals of a traumatic brain injury (TBI). The claim for a left knee disorder was not addressed as it did not meet the criteria for service connection.

The Veteran's appeals have been dismissed due to his death.

The Board has determined that the Veteran's psychiatric and neurological conditions do not warrant a higher rating, as they do not meet the criteria for total occupational and social impairment.

The Veteran was granted service connection for vertigo as a residual of a traumatic brain injury (TBI) incurred in-service, and for an acquired psychiatric condition to include PTSD. Service connection was denied for hemorrhoids.,The Veteran's vertigo is linked to his in-service TBI, while his PTSD is related to combat stressors.

The Board has remanded the case due to the need for a VA examination to assess the impact of the Veteran's service-connected disabilities on his employability, and for completion of the Veteran's VA Form 21-8940.

The Veteran's claim for an initial rating in excess of 10 percent for traumatic brain injury with posttraumatic headaches is being remanded due to the need for additional development, including a new VA examination and updated treatment records.

The Board has determined that the Veteran does not have residuals of a traumatic brain injury and therefore, service connection for this condition is denied.

The Board has determined that the Veteran's traumatic brain injury, left shin splint, and right shin splint are service-connected.

The Veteran's service-connected Traumatic Brain Injury with PTSD results in the need for aid and attendance of another person, necessitating a higher rate of SMC. The effective date is set at March 22, 2013.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of direct or secondary service connection for OSA, and that his thoracolumbar spine disability did not warrant a rating in excess of 20 percent.

The Veteran has withdrawn his appeals regarding the claims for traumatic brain injury and reopening of tinnitus and neck disability (upper back) claims. The Board is dismissing these appeals.

The Board has dismissed the service connection claim for TBI and denied the service connection claims for psychiatric disability, right shoulder disability, left shoulder disability, and bilateral hearing loss disability. The remaining issues are REMANDED to the Agency of Original Jurisdiction (AOJ).